alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

 v.

MARK BENDER,

Defendant-Appellant,

No. 16-50021

D.C. No. 2:08-cr-01273-SJO

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

S. James Otero, District Judge, Presiding

Submitted December 14, 2016** 

Before: WALLACE, LEAVY, and FISHER, Circuit Judges.

Mark Bender appeals from the district court’s judgment and challenges a

special condition of supervised release imposed upon revocation of his supervised

release. We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of

FILED

DEC 20 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except

as provided by Ninth Circuit Rule 36-3.

**

 The panel unanimously concludes this case is suitable for decision without

oral argument. See Fed. R. App. P. 34(a)(2).
discretion, United States v. Rudd, 662 F.3d 1257, 1260 (9th Cir. 2011), and we

vacate and remand for resentencing. 

Bender challenges the special condition of supervised release that prohibits

him from having any contact with minors other than family members, with the

exception of frequenting locations, such as restaurants, that may employ minors. 

The district court did not explain its reasons for imposing this condition, nor are its

reasons apparent from the record. See United States v. Collins, 684 F.3d 873, 890

(9th Cir. 2012). The only allegations in the record that referenced a minor were

contained in a dismissed charge that Bender specifically disputed and that the

district court expressly declined to consider. Accordingly, we remand to the

district court to either vacate the condition or provide sufficient justification for it. 

See id. at 892.

VACATED and REMANDED.

2 16-50021
No. 10-7210.

#### Daniel Wayne Cook, Petitioner v. Arizona.

562 U.S. 1183, 131 S. Ct. 1002,

178 L. Ed. 2d 834,

2011 U.S. LEXIS 902.

January 18, 2011.

Petition for writ of certiorari to the Superior Court of Arizona, Mohave County, denied.
EXHIBIT 32.2


                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         I, Richard Goldenberg, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of EVCI Career Colleges Holding Corp. on Form 10-QSB for the
quarter ended June 30, 2004 fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
contained in such report fairly presents in all material respects the financial
condition and results of operations of EVCI Career Colleges Holding Corp.


Dated: August 12, 2004                                   /s/ RICHARD GOLDENBERG
                                                         -----------------------
                                                         Richard Goldenberg
                                                         Chief Financial Officer

                                       37
No. 09-115.

#### Chamber of Commerce of the United States, et al., Petitioners v. Michael B. Whiting, et al.

562 U.S. 1041, 131 S. Ct. 624,

2010 U.S. LEXIS 8822.

178 L. Ed. 2d 431,

November 15, 2010.

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

Justice Kagan took no part in the consideration or decision of this motion.
No. 10-10256.

#### Nathaniel Sims, Petitioner v. Brian Owens, Commissioner, Georgia Department of Corrections.

565 U.S. 832, 132 S. Ct. 131,

181 L. Ed. 2d 52,

2011 U.S. LEXIS 5820.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Notices]
[Page 37890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18691]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration


Relocation of the Dockets Management Branch; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is correcting a notice 
that appeared in the Federal Register  of June 16, 1998 (63 FR 32888). 
The document announced the relocation and partial closing of the 
Dockets Management Branch (DMB). The document published with an 
incorrect zip code. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Jennie C. Butler, Dockets Management 
Branch (HFA-305), Food and Drug Administration, 5630 Fishers Lane, 
Rockville, MD 20852, 301-827-6860.
    In FR Doc. 98-15878, appearing on page 32888, in the Federal 
Register of Tuesday, June 16, 1998, the following corrections are made:
    1. On page 32888, in the second column, under ``SUPPLEMENTARY 
INFORMATION,'' in line six, the zip code is corrected to read 
``20852,'' and in the second paragraph, in line eleven, the zip code is 
corrected to read ``20852.''

    Dated: July 7, 1998.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 98-18691 Filed 7-13-98; 8:45 am]
BILLING CODE 4160-01-F
No. 10-10795.

#### Vincent Trujillo, Petitioner v. Angel Medina, Warden, et al.

565 U.S. 850, 132 S. Ct. 173,

181 L. Ed. 2d 84,

2011 U.S. LEXIS 6102.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

*85Same case below, 406 Fed. Appx. 280.
#### *City of Lakewood, Respondent, v. Willis, Petitioner,*

No. 91827-9.

Petition for review of a decision of the Court of Appeals, No. 45034-8-II, April 7, 2015, 186 Wn. App. 1045. *Granted*November 4, 2015.
[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Notices]
[Page 38431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18896]


-----------------------------------------------------------------------

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


National Endowment for the Arts; Combined Arts Panel

    Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act 
(Public Law 92-463), as amended, notice is hereby given that a meeting 
of the Combined Arts Panel, Dance Section (Creation & Presentation 
category) to the National Council on the Arts will be held on August 4-
7, 1998. The panel will meet from 9:00 a.m. to 6:00 p.m. on August 4, 
5, and 6, and from 9:30 a.m. to 4:00 p.m. on August 7, in Room 716 at 
the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW, Washington, DC, 
20506. A portion of this meeting, from 9:30 a.m. to 11:00 a.m. on 
August 7, will be open to the public for a policy discussion on field 
issues and needs, Leadership Initiatives, Millennium projects, and 
guidelines.
    The remaining portions of this meeting, from 9:00 a.m. to 6:00 p.m. 
on August 4, 5, and 6, and from 10:30 a.m. to 4:00 p.m. on August 7, 
are for the purpose of Panel review, discussion, evaluation, and 
recommendation on applications for financial assistance under the 
National Foundation on the Arts and the Humanities Act of 1965, as 
amended, including information given in confidence to the agency by 
grant applicants. In accordance with the determination of the Chairman 
of May 14, 1998, these sessions will be closed to the public pursuant 
to subsection (c)(4), (6) and (9)(B) of section 552b of Title 5, United 
States Code.
    Any person may observe meetings, or portions thereof, of advisory 
panels which are open to the public, and, if time allows, may be 
permitted to participate in the panel's discussions at the discretion 
of the panel chairman and with the approval of the full-time Federal 
employee in attendance.
    If you need special accommodations due to a disability, please 
contact the Office of AccessAbility, National Endowment for the Arts, 
1100 Pennsylvania Avenue, NW, Washington, DC 20506, 202/682-5532, TDY-
TDD 202/682-5496, at least seven (7) days prior to the meeting.
    Further information with reference to this meeting can be obtained 
from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, 
National Endowment for the Arts, Washington, DC, 20506, or call 202/
682-5691.

    Dated: July 8, 1998.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations, National Endowment for the Arts.
[FR Doc. 98-18896 Filed 7-15-98; 8:45 am]
BILLING CODE 7537-01-M
[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Notices]
[Page 38161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18797]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP96-347-013]


Northern Natural Gas Company; Notice of Filing

July 9, 1998.
    Take notice that on July 12, 1998, pursuant to the Carlton 
Settlement filed in Docket No. RP96-347 and its FERC Gas Tariff, 
Northern Natural Gas (Northern) has filed various schedules detailing 
the Carlton surcharge dollars reimbursed to the appropriate parties.
    Northern states that copies of the filing were served upon 
Northern's customers and interested State Commissions.
    Any person desiring to protest this filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, NE, 
Washington, DC 20426, in accordance with Section 385.211 of the 
Commission's Rules and Regulations. All such protests must be filed on 
or before July 16, 1998. Protests will be considered by the Commission 
in determining the appropriate action to be taken, but will not serve 
to make protestants parties to the proceedings. Copies of this filing 
are on file with the Commission and are available for public inspection 
in the Public Reference Room.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-18797 Filed 7-14-98; 8:45 am]
BILLING CODE 6717-01-M
```
[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Presidential Documents]
[Page 3447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1793]



                        Presidential Documents 



Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 3447]]

                Presidential Determination No. 98-10 of January 12, 
                1998

                
Certification Pursuant to Section (b)(1) of 
                Public Law 99-183 and to Section 902(a)(6)(B) of Public 
                Law 101-246

                Memorandum for the Secretary of State

                Pursuant to section (b)(1) of Public Law 99-183 of 
                December 16, 1985, relating to the approval and 
                implementation of the Agreement for Cooperation Between 
                the United States and the People's Republic of China, I 
                hereby certify that:

                    (A) the reciprocal arrangements made pursuant to 
                Article 8 of the Agreement have been designed to be 
                effective in ensuring that any nuclear material, 
                facilities, or components provided under the Agreement 
                shall be utilized solely for intended peaceful purposes 
                as set forth in the Agreement;
                    (B) the Government of the People's Republic of 
                China has provided additional information concerning 
                its nuclear nonproliferation policies and that, based 
                on this and all other information available to the 
                United States Government, the People's Republic of 
                China is not in violation of paragraph (2) of section 
                129 of the Atomic Energy Act of 1954; and
                    (C) the obligation to consider favorably a request 
                to carry out activities described in Article 5(2) of 
                the Agreement shall not prejudice the decision of the 
                United States to approve or disapprove such a request.

                Pursuant to section 902(a)(6)(B)(i) of Public Law 101-
                246, I hereby certify that the People's Republic of 
                China has provided clear and unequivocal assurances to 
                the United States that it is not assisting and will not 
                assist any nonnuclear-weapon state, either directly or 
                indirectly, in acquiring nuclear explosive devices or 
                the material and components for such devices.

                You are authorized and directed to publish this 
                determination in the Federal Register.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 12, 1998.

[FR Doc. 98-1793
Filed 1-22-98; 8:45 am]
Billing code 4710-10-M
```
No. 10-5909.

#### Eric Dion Davis, Petitioner v. United States.

562 U.S. 1141, 131 S. Ct. 899,

178 L. Ed. 2d 758,

2011 U.S. LEXIS 453.

January 10, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Same case below, 600 F.3d 1014.
No. 10-7542.

#### Javier Ybarra, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

562 U.S. 1186, 131 S. Ct. 1012,

178 L. Ed. 2d 840,

2011 U.S. LEXIS 792.

January 18, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
#### *State, Respondent, v. Broussard, Petitioner,*

No. 91583-1.

Petition for review of a decision of the Court of Appeals, No. 46077-7-II, March 17, 2015, 186 Wn. App. 1031. *Denied*September 30, 2015.
DAVID A. TURNER, Former

Husban d

,

Appellant,

v.

DEBORAH R. TURNER, Former

Wife

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

C ASE NO. 1D 14

- 2031

_____________________________/

Opinion filed April 14, 2015.

An appeal from the Circuit Court for Santa Rosa County

. David Rimmer , Judge

.

James L. C h ase of James L. Chase & Associates, PLC, Pensacola , for Appellant.

E. Jane Brehany, Pensacola , for Appellee.

PER CURIAM.

AFFIRMED.

LEWIS

, C.J., BENTON and THOMAS

, J J

. , CONCUR.
No. 10-11040.

#### Zakiya Oneal, Petitioner v. United States.

565 U.S. 863, 132 S. Ct. 206,

181 L. Ed. 2d 110,

2011 U.S. LEXIS 6007.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 419 Fed. Appx. 443.
No. 10-5443.

#### Charles Andrew Fowler, Petitioner v. United States.

562 U.S. 1043, 131 S. Ct. 596,

2010 U.S. LEXIS 8814.

178 L. Ed. 2d 433,

November 15, 2010.

Motion of petitioner for leave to proceed in forma pau-peris granted. Petition for writ of certio-rari to the United States Court of Appeals for the Eleventh Circuit granted.

Same case below, 603 F.3d 883.
#### *State, Respondent, v. Cerda Salazar, Petitioner,*

No. 91151-7.

Petition for review of a decision of the Court of Appeals, No. 31892-3-III, November 13, 2014, 184 Wn. App. 1032. *Denied*December 2, 2015.
**Supply Discrepancy Reporting (SDR) Approved DLMS Change (ADC) Index v55**

		As of 4/12/2024		

69
No. 10-7257.

#### Toua Hong Chang, Petitioner v. Minnesota.

562 U.S. 1149, 131 S. Ct. 929,

178 L. Ed. 2d 773,

2011 U.S. LEXIS 264.

January 10, 2011.

Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

Same case below, 778 N.W.2d 388.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-30497

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GLENN TAYLOR,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 96-CA-376-H

- - - - - - - - - -

May 21, 1999

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Glenn Taylor, federal prisoner # 22852-034, appeals the

district court’s denial of his 28 U.S.C. § 2255 motion. Taylor

argues that his counsel rendered ineffective assistance in

failing to investigate his allegation that he was working as a

confidential informant at the time the offense was committed and

that the district court abused its discretion in denying the 

§ 2255 motion without conducting an evidentiary hearing. To the

extent that Taylor’s § 2255 motion can be construed as raising a 
No. 96-30497

-2-

challenge to the denial of his motion to withdraw his guilty

plea, a claim which the district court held to be procedurally

barred, Taylor has abandoned this claim by failing to assert it

on appeal. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.

1993).

Taylor has demonstrated neither deficient performance nor

prejudice in connection with his ineffective-assistance-ofcounsel claim. See Strickland v. Washington, 466 U.S. 668, 689-

94 (1994). The district court did not abuse its discretion in

refusing to conduct an evidentiary hearing. See United States v.

Bartholomew, 974 F.2d 39, 41 (5th Cir. 1992).

AFFIRMED.
No. 10-10847.

#### Charmeen Jabar Gray, Petitioner v. Harold W. Clarke, Director, Virginia Department of Corrections.

565 U.S. 852, 132 S. Ct. 180,

181 L. Ed. 2d 90,

2011 U.S. LEXIS 6432.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 408 Fed. Appx. 667.
No. 10-10475.

#### Joseph Dvorak, Petitioner v. California.

565 U.S. 838, 132 S. Ct. 145,

181 L. Ed. 2d 63,

2011 U.S. LEXIS 6126.

October 3, 2011.

Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.
No. 10-526.

#### Roy Den Hollander, Petitioner v. Copacabana Nightclub, et al.

562 U.S. 1136, 131 S. Ct. 914,

178 L. Ed. 2d 751,

2011 U.S. LEXIS 351.

January 10, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Same case below, 624 F.3d 30.
[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Notices]
[Pages 38158-38159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18802]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP98-273-000]


Kentucky West Virginia Gas Company L.L.C.; Notice of Proposed 
Changes in FERC Gas Tariff

July 9, 1998.
    Take notice that on June 30, 1998, as corrected on July 2, 1998, 
Kentucky West Virginia Gas Company, L.L.C. (Kentucky West) tendered for 
filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the 
following revised tariff sheets to become effective August 1, 1998:

Fourth Revised Sheets No. 173
Original Sheets No. 174
Sheets Nos. 175-202


[[Page 38159]]


    Kentucky West states that the purpose of this filing is to comply 
with the Commission's Order No. 587-G issued on April 16, 1998 in 
Docket No. RM96-1-007 adopting new, revised and interpretation of the 
standards promulgated by the Gas Industry Standards Board (GISB). These 
standards require interstate natural gas pipelines to follow certain 
new and revised business practice procedures. The Commission directed 
pipelines to make a filing to change all references to GISB standards 
in their tariffs to Version 1.2 by August 1, 1998. This version number 
applies to all standards contained in GISB's Version 1.2 Standards 
Manuals, including standards that have not changed from the previous 
versions. In compliance, Kentucky West filed to adopt Version 1.2 in 
Section 38 of its General Terms and Conditions.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Sections 385.214 and 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed as provided 
in Section 154.210 of the Commission's Regulations. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceedings. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection in the Public Reference Room.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-18802 Filed 7-14-98; 8:45 am]
BILLING CODE 6717-01-M
#### *State, Respondent, v. Gabino, Petitioner,*

No. 91350-1.

Petition for review of a decision of the Court of Appeals, No. 70044-8-I, January 20, 2015, 185 Wn. App. 1025. *Denied*December 2, 2015.
No. 11-5565.

#### Nina Shahin, Petitioner v. Delaware, et al.

565 U.S. 807, 132 S. Ct. 387,

181 L. Ed. 2d 8,

2011 U.S. LEXIS 6356.

October 3, 2011.

Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari *9to the United States Court of Appeals for the Third Circuit dismissed. See Rule 39.8.
No. 10-6305.

#### Jovan Watkins, Petitioner v. Maryland Division of Corrections, et al.

562 U.S. 1196, 131 S. Ct. 1039,

178 L. Ed. 2d 858,

2011 U.S. LEXIS 671.

January 18, 2011.

Petition for rehearing denied.

Former decision, 562 U.S. 1031, 131 S. Ct. 588, 178 L. Ed. 2d 418, 2010 U.S. LEXIS 8739.
# C_2015138EN.01001901.xml

| 27.4.2015 | EN | Official Journal of the European Union | C 138/19 |
| --- | --- | --- | --- |

27.4.2015

EN

Official Journal of the European Union

C 138/19

---

Judgment of the Court (Fourth Chamber) of 26 February 2015 (request for a preliminary ruling from the Cour de cassation — France) — Christie’s France SNC v Syndicat national des antiquaires

(Case C-41/14) (1)

1

((Reference for a preliminary ruling - Directive 2001/84/EC - Article 1 - Intellectual property - Sale at auction of original works of art - Resale right for the benefit of the author of an original work of art - Person liable for the resale royalty - Buyer or seller - Derogation by agreement))

(2015/C 138/24)

Language of the case: French

Referring court

Referring court

Cour de cassation

Parties to the main proceedings

Parties to the main proceedings

Appellant: Christie’s France SNC

Appellant:

Respondent: Syndicat national des antiquaires

Respondent:

Operative part of the judgment

Operative part of the judgment

Article 1(4) of Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art must be interpreted as not precluding the person by whom the resale royalty is payable, designated as such by national law, whether that is the seller or an art market professional involved in the transaction, from agreeing with any other person, including the buyer, that that other person will definitively bear, in whole or in part, the cost of the royalty, provided that a contractual arrangement of that kind does not affect the obligations and liability which the person by whom the royalty is payable has towards the author.

---

(1)  OJ C 102, 7.4.2014.

1

---
No. 10-433.

#### Rothe Development Corporation, Petitioner v. Department of Defense, et al.

562 U.S. 1168, 131 S. Ct. 907,

2011 U.S. LEXIS 60.

178 L. Ed. 2d 803,

January 10, 2011.

Petition for writ of certiorari to the United States Court of *804Appeals for the Federal Circuit denied.

Justice Kagan took no part in the consideration or decision of this petition.

Same case below, 374 Fed. Appx. 36.